Student alleges NMSU driving instructor sexually assaulted her

New Mexico State University placed a driving instructor on leave after a woman alleged that he sexually assaulted her during a driving test last month near Las Vegas.

Taylor Smith, an attorney representing the woman, said the commercial driver’s license instructor “was not aware that the truck that was being driven had a recording device within the vehicle.”

“As a result, I have been able to confirm my client’s story,” Smith said.

Justin Bannister, a spokesman for NMSU, said the instructor is “a part-time, temporary employee” of Doña Ana Community College “who has worked remotely as a commercial driver’s license test examiner since 2015.”

“He was placed on administrative leave after the university was notified of these allegations. An investigation is underway,” Bannister said in a statement. “DACC is committed to the safety and well-being of students, employees and community members, and we take allegations of this nature very seriously.”

The Journal is not naming the instructor because he has not been charged with a crime, according to online court records.

In a tort claim notice letter to the NMSU president, Smith said he is aware of other victims of the instructor, “which makes us believe that this is something that (he) has done for some time.”

Smith said the 39-year-old woman he is representing reported the assault to New Mexico State Police.

The instructor could not be reached Tuesday, and it is unclear if he has an attorney.

Smith, in his tort claim notice, said on July 12 his client was doing an evaluation to obtain her CDL with the instructor. He said on an undisclosed highway near Las Vegas, the instructor ordered the woman to pull the truck over “then forced her to perform sexually as part of her test.”

“Throughout this ordeal, (the woman) was scared for her life and unable to leave the vehicle in fear that (the instructor) would harm her further,” Smith said in the letter.

In a separate statement, Smith said, “Knowing that there are other victims and that this instructor appears to be highly organized, we want other survivors to know that there may be help for them and that it’s safe to come forward.”

“It was incredibly difficult for my client to share her experience, especially with the fear that she may not be able to find work after blowing the whistle on an examiner who has been within the trucking industry for many years,” Smith said. “We hope that other survivors see that this is the end of the line for (the instructor) and there is help available.”